Delbin Tom vs State Of Kerala

Bechu Kurian Thomas, J

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

Petitioners are accused in C.C.No.56/2023 on the files of the Juvenile Justice Board, Thalassery arising out of Crime No.62/2023 of Peravur Police Station, Kannur District, registered for the offences punishable under Sections 143, 147, 341, 323 r/w Section 149 of the Indian Penal Code, 1860. The second respondent is the defacto complainant.

According to the prosecution, on 02.02.2023 the accused, in furtherance of their common intention, formed themselves into an unlawful assembly, and assaulted the de facto complainant, and thereby committed the offences alleged.

Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.

It is submitted that petitioners were apprehended as juveniles, and the matter is pending before the Juvenile Justice Board, Thalassery. In the meantime, the dispute has been settled between the parties, and an affidavit to that effect has been filed as Annexure-A3.

In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

Considering the circumstances stated in the Crl.M.C and the submission of the learned Public Prosecutor that the affidavit produced have been verified with the de facto complainant and the same has been found to be correct, I am of the view that the proceedings against the petitioners can be quashed on the basis of the aforesaid settlement. The continuance of the crime has no public interest and the offence alleged are not heinous as well. Thus the settlement can be given effect to. Accordingly, all proceedings against the petitioners in C.C.No.56/2023 on the files of the Juvenile Justice Board, Thalassery, arising out of Crime No.62/2023 of Peravur Police Station, Kannur District, shall stand quashed.

This Crl.M.C is allowed as above.